In today’s digital world, reaching customers by phone can be...
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In today’s digital world, reaching customers by phone can be a powerful marketing tool, but it comes with significant legal risks. The recent Truist Bank TCPA settlement, a $4.1 million payout to resolve a class action lawsuit over unauthorized robocalls sends a clear warning to all businesses: strict compliance with the Telephone Consumer Protection Act (TCPA) isn’t optional.
What Happened in the Truist Bank TCPA Settlement?
Truist Bank faced allegations of making automated phone calls (“robocalls”) to consumers’ cell phones without proper prior consent. Under the TCPA, businesses must obtain clear, written permission before sending marketing messages or using auto dialers to contact individuals. Plaintiffs claimed Truist failed to meet these requirements, resulting in unwanted calls and texts to thousands of recipients.
Instead of fighting the lawsuit in court, Truist Bank agreed to a $4.1 million settlement, avoiding further legal expenses and uncertainty. While Truist did not admit wrongdoing, the case demonstrates how costly non-compliance can be for companies of any size.
Why Is TCPA Compliance So Important?
The TCPA was created to protect consumers from intrusive robocalls and spam texts. Penalties for violations can reach $1,500 per call or text, and class action lawsuits can result in multi-million-dollar payouts. Beyond financial risks, these cases damage trust and can spark regulatory scrutiny.
Key Takeaways for Businesses
1. Always Get Express Written Consent
Before making any automated marketing calls or texts, get clear, documented consent from the recipient. Pre-checked boxes or vague language aren’t enough, consent must be unambiguous and recorded.
2. Maintain Accurate Contact Lists
Regularly update your contact databases to remove numbers that have opted out or are on the National Do Not Call Registry. Even accidental calls to these numbers can trigger violations.
3. Train Staff and Third Party Vendors
Ensure that your marketing team and any third party vendors are fully trained on TCPA rules. Missteps by vendors can still put your company at risk.
4. Monitor for Complaints and Respond Quickly
Act fast to resolve complaints and honor opt out requests. A prompt response can prevent issues from escalating into costly lawsuits.
5. Document All Compliance Efforts
Keep records of consent, communications, and compliance training. Documentation can be a critical defense in the event of a legal challenge.
Conclusion
The Truist Bank TCPA settlement highlights the steep costs of overlooking telemarketing compliance. For any business using phone outreach, it’s essential to put robust processes in place for consent, list management, training, and documentation.
Call to Action
Are you confident in your business’s TCPA compliance? Take this opportunity to review your policies, train your staff, and update your records.
Have tips or experiences to share?
Join the conversation in the comments below!
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